Christmas gifts for clients

It is not unusual at this time of year to spread a bit of festive cheer by providing your clients with, or accepting from your clients, a token Christmas gift as a thank you for the continued support shown throughout the year. However, the acceptance or giving of third party gifts or corporate hospitality can raise issues regarding your/your client’s future impartiality and with the introduction of the Bribery Act (“Act”) in April next year, you should be careful not to give rise to the impression that you have been influenced by the gift/corporate hospitality received. It is good practice to remind staff in the run up to Christmas of your policy in respect of third party gifts/hospitality and, if appropriate, clearly explaining what is considered reasonable and/or excessive. The distinction between bribery and lavish corporate entertaining is blurred and the Act places the employer under an obligation to have in place adequate procedures designed to prevent its employees from undertaking any conduct which may fall foul of the Act for example.

Employers may wish to consider a Gifts and Hospitality Policy for introduction in the New Year.

Christmas Party and office gossip

A recent case illustrates the consequences of staff Christmas party when gossip is often extensive at the office the following day (Nixon v Ross Coates Solicitors and another). A constructive dismissal, sex and pregnancy discrimination and harassment claim was brought by a female employee after gossip about her pregnancy occurred at her place of work. The gossip was generated by events at the staff Christmas party when she was seen kissing another employee before going to a hotel room with him. Some time after she discovered that she was pregnant and informed her superior. Information about her pregnancy was somehow disclosed to her fellow employees who began speculating with about the child and suggesting it may have been as a result of the staff Christmas party. The EAT stated: “The gossip was about the paternity of her child. It stemmed from the night of the Christmas party… It is connected with pregnancy.” Her unlawful treatment was found to amount to pregnancy-related and gender discrimination and harassment.

There’s no business like snow business!

The snow has once again managed to bring chaos to Britain resulting in many employees being unable to attend their workplace. The bad whether has emphasised the importance of having adequate robust plans in place and the need for flexibility from both the employee and the employer. We have provided the below guidance on how you can limit or minimise the effect that the snow is having on your business and its employees.

The legal position remains that if employees are unable to travel to their place of work due to adverse weather an employer can offer the employee the choice of unpaid leave or holiday if the employee has sufficient days holiday to take.

Employers could make it possible for employees to work from home ensuring that they have access to the necessary technology and resources to do this. However, if this is impracticable or impossible to facilitate home working, shift work, flexible time or allowing employees to make up lost hours through unpaid overtime at a later date could be considered. If you are likely to lose more money from having to close your business due to lack of staff than having to pay a little extra to those who are unable to use their normal form of transport, offering to pay the costs of alternative transport to and from work could be an alternative.

It is important to remember that any changes to an employee’s terms and conditions of employment should first be agreed by the employee.